A team of experts polled by ChinaFile brought a diversity of perspectives to the question of how foreign organizations engaged in China should approach the newly passed Law on the Management of Domestic Activities of Foreign Non-Governmental Organizations. (For more on the actual provisions of the law, please see my previous post on this topic.)
Their responses fall roughly into two categories.
The more optimistic approach would be to seek further clarity on how the government is going to define permissible activities while adjusting one’s own programs to ensure they fall within these lines.
Meanwhile, given the current regime’s mistrust of foreign involvement in China, these organizations should do what they can to encourage the development of China’s grassroots NGOs within the parameters of the new law. Investment in grassroots entities could take the form of training programs, scholarships, and other types of support.
While acknowledging the law’s clear intent to limit the influence of foreign entities, some see the new law as an opportunity for these organizations to play a role in shaping China’s new NGO culture. Given that China’s Ministry of Public Security is now responsible for foreign NGOs, they should seek to work proactively with the police, as well as with other government organs that are now tasked with actually implementing the law. To counter the perceived “divide and conquer” strategy inherent in the new law, foreign NGOs should consult together on their responses.
The less hopeful response is to anticipate the possibility of exiting China and to clearly define the “red lines” that determine when it is no longer viable to continue one’s work in country. These lines could include being able to safeguard the security of foreign and local employees. The best practice is to have an exit strategy going in, and to determine in advance when the work can be declared finished, at which point leaving would be seen as a sign of strength rather than weakness. Nonetheless, should it become clear that one’s ongoing work is no longer viable then one should be prepared to suspend operations, either temporarily or indefinitely.
One respondent advised working “above the line” wherever possible while, at the same time, quietly securing those aspects of one’s work that fall outside the parameters of the new law. These measures could include establishing private and reliable communications and funding channels, providing security training for staff, and stepping up training of local NGO leadership.
Adapting to the “new normal” for foreign NGOs will likely require a portfolio of approaches depending on the nature of the work, where it is being done, and the degree to which one is willing and able to work with officials at various levels.
Brent Fulton
Brent Fulton is the founder of ChinaSource. Dr. Fulton served as the first president of ChinaSource until 2019. Prior to his service with ChinaSource, he served from 1995 to 2000 as the managing director of the Institute for Chinese Studies at Wheaton College. From 1987 to 1995 he served as founding …View Full Bio
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